Firstly I acknowledge the distressing and stressful situations which individuals face when building works are not completed to the required acceptable standard.
The Building Control Act 1990 clearly places responsibility for compliance with the Building Regulations on the owner of the building concerned and on the builder or developer who carries out the works.
The Building Regulations set out the legally enforceable minimum standards which a new building must achieve. Enforcement of the Building Regulations is primarily the responsibility of the 37 local Building Control Authorities who have strong powers to serve enforcement notices for non-compliance or to institute proceedings for breaches of regulatory requirements within a period of five years from the date the building has been completed. Homeowners should be advised to report any concerns about non-compliance with the Building Regulations to the local Building Control Authority.
There is no indication in the case in question as to whether the builder-developer was a member of any structural guarantee-warranty scheme, such as that provided by HomeBond, and this should be ascertained and pursued if relevant.
Remediation of defects is a matter between the parties concerned, the owner and the builder-developer and their insurers. In the case where a receiver has been appointed by a financial institution, it is a matter for that receiver and institution to consider what steps are appropriate to be taken in relation to liabilities facing the building firm concerned. Any claims against such a firm should immediately be brought to the attention of the receiver and the financial institution.
